Discovery Rule For Statute Of Limitations

111 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Manney v. MBV Eng'g, Inc.
  273 So. 3d 214· Fla. 5th DCA· 2019-05-10
  A claim for negligent inspection of a completed structure is not barred by the ten-year statute of repose in section 95.11(3)(c), Florida Statutes, because the claim is not founded on the design, planning, or construction of an improvement to real property. The statute's plain la
• 100079 Canada, Inc. v. Stiefel Labs., Inc.
  809 F. Supp. 2d 636· S.D. Fla.· 2013-06-21
  The court held that the plaintiff's securities fraud claims were time-barred because a reasonably diligent plaintiff would have discovered the facts constituting the violation more than two years before the lawsuit was filed.
• Sewell v. D'Alessandro & Woodyard, Inc.
  725 F. Supp. 2d 1344· M.D. Fla.· 2010-07-20
  Counts I and II are dismissed as time-barred under Section 12(a)(2) because a reasonably diligent plaintiff would have discovered the untrue statements within the limitations period. Counts III and IV are dismissed for failure to sufficiently plead scienter.
• Tasia Klapis v. Orange Tree Estate Homes Section
  9th Cir. Ct. App. Div.· 2009-08-31
  In this homeowners' association enforcement action, the appellate court affirmed the trial court's judgment that appellant's son's vehicles parked on appellant's property violated association covenants prohibiting inoperable vehicles and nuisances, and upheld the mandatory injunc
• Richard Allen Beck, M.D. v. Holloway
  933 So. 2d 4· Fla. 1st DCA· 2006-04-27
  Dr. Beck appeals a medical malpractice judgment in a case where he allegedly created defects in a patient's skull during sinus surgery, leading to meningitis. The court affirmed the denial of summary judgment on the statute of limitations but reversed and remanded for a new trial
• Tanita S. Woods v. Jeffrey H. Sapolsky, M.D.
  821 So. 2d 376· Fla. 1st DCA· 2002-07-09
  Tanita Woods appealed the dismissal of her medical malpractice complaint based on statute of limitations expiration. The court reversed, holding that the complaint's four corners did not contain sufficient facts to determine whether the statute of limitations had run, as the date
• Brown v. City of Pompano Beach
  969 F. Supp. 1317· S.D. Fla.· 1997-06-23
  The court held that the plaintiff's claims regarding termination based on drug test results were time-barred by the statute of limitations, but claims regarding the refusal to submit to arbitration were not.
• Borne v. Lawnwood Reg'l Med. Ctr.
  677 So. 2d 912· Fla. 4th DCA· 1996-07-03
  The court held that the trial court erred in dismissing the medical malpractice action based on the statute of limitations.
• W.T. Smith v. States Marine Int'l, Inc.
  864 F.2d 410· 5th Cir.· 1989-02-03
  The court held that summary judgment was improper because a genuine dispute of material fact exists regarding whether the plaintiff knew or had a reasonable opportunity to discover that his hearing loss was caused by his occupational noise exposure.
• Freel v. Fleming
  489 So. 2d 1209· Fla. 1st DCA· 1986-06-10
  Herbert Freel sued his former attorneys for legal malpractice, claiming they failed to timely respond to a California lawsuit against him. The trial court dismissed the action as barred by the statute of limitations, but the appellate court reversed, finding that whether Freel di
• Sewell v. Leo Michael Flynn, JR., M.D.
  459 So. 2d 372· Fla. 1st DCA· 1984-11-01
  In this medical malpractice case, the court reversed a summary judgment dismissing plaintiff's lawsuit as barred by the statute of limitations, holding that genuine issues of material fact existed regarding when the plaintiff discovered or should have discovered that a knee prost